What Not to Say to Insurance After a Newbury Park Accident

Curt Brown, Esq. — Founding Partner

Local Newbury Park Injury Attorney · UCLA Law

Curt Brown is a founding partner at L&F Brown. He grew up in Thousand Oaks — Newbury Park's neighbor — attended Thousand Oaks High School, graduated from UCLA Law School, and has spent his career representing injured residents across the Conejo Valley.

After a car accident in Newbury Park, whether it happened on US-101, at the Wendy Drive interchange, on Reino Road, or along Borchard Road, the phone calls from insurance adjusters often start within 24 hours. These calls feel routine. The adjuster may be polite, even sympathetic. But every word you say is being evaluated for how it can be used to limit what the insurer pays you.

Here are the phrases and statements that personal injury attorneys most commonly see used against clients, and what to say instead.

"I'm Fine" or "I Feel Okay"

This is the most common and most damaging statement accident victims make. In the hours or days after a crash, adrenaline can mask significant pain. Whiplash, spinal injuries, and traumatic brain injuries often do not produce their full symptoms for 24 to 72 hours or longer. If you tell an adjuster you feel okay and then later report serious injuries, the insurer will point to your early statement as evidence that the injuries were not caused by the crash or are exaggerated.

Instead: say that you are still being evaluated by medical professionals and cannot characterize your condition at this time.

"I Think I Was Partly at Fault"

Accepting any share of fault in a conversation with an insurance adjuster is extraordinarily risky. California uses a comparative fault system, meaning your recovery is reduced by your percentage of fault. Insurers will take any admission and try to maximize your attributed fault percentage to minimize their payout. You may not even know all the facts about the crash yet, including what a CHP or Ventura County Sheriff's accident report will say, what witnesses saw, or what surveillance footage shows.

Instead: say that you are not in a position to discuss fault until the investigation is complete and you have had a chance to consult with an attorney.

"I Have an Old Injury to My Back" (or Neck, or Knee)

Mentioning prior injuries, even offhandedly, gives the insurer a preexisting condition argument. They will use it to claim that your current pain is from the old injury rather than the crash. California law actually protects you here: the eggshell plaintiff doctrine says that a defendant must take the victim as they find them, meaning if the crash aggravated a preexisting condition, the defendant is still responsible for that aggravation. But making it easy for the insurer to frame your claim as preexisting defeats that protection.

Instead: let your attorney and medical records tell the full story of how the crash affected you, including any aggravation of prior conditions.

"It Wasn't That Bad" or "It Was Just a Minor Crash"

Property damage and injury severity do not always correlate. Even low-speed crashes can produce serious soft tissue injuries and long-lasting pain. Describing the crash as minor or not that bad gives the insurer ammunition to argue that no significant injuries could have resulted.

Instead: describe the crash factually, without minimizing or exaggerating, and let medical evidence establish what injuries you sustained.

Agreeing to a Recorded Statement Without an Attorney

This is not a phrase, but a choice. If an adjuster asks to take a recorded statement, and you agree without consulting an attorney first, you are giving them an unrestricted opportunity to build a record that limits your claim. You are not required to give a recorded statement to the other driver's insurer.

Accepting the First Settlement Offer on the Spot

This is also not a phrase, but agreeing to a settlement before you understand the full extent of your injuries and damages is one of the most common and expensive mistakes Newbury Park accident victims make. Early offers rarely reflect full value. Once you sign a release, you give up all future claims.

Talk to an Attorney First

If you were injured in a Newbury Park car accident and insurance has already called, the most important step you can take right now is to consult an attorney before your next call with any adjuster. Our Newbury Park car accident lawyers can advise you on exactly how to handle insurance contact or take over all communications on your behalf.

Visit our Newbury Park personal injury page or call L&F Brown today. Consultations are free and there is no obligation.